What would you do if you were the manager?

Last / Next  2010-04-30 07:23:36

A manager’s restaurant lounge is overcrowded (about 175 customers in a space with a fire-rated occupancy limit of 125). Two male customers begin fighting. The manager restrains one person; the bouncer holds the other. One of the fighters has been cut by a broken glass. The police determine the following:


- The fight started when one of the men walked to a table and asked a
woman to dance; she declined, and everyone at the table, including the subsequently
injured patron, began laughing.
- The man who was refused a dance took offense, picked up an empty beer
mug, and smashed it in the face of a man at the woman’s table.
- The two men had never seen each other before; the man at the woman’s
table had just met her a few minutes before the incident.


TAG: restaurant-laws

restaurant`space Quote Delete restaurant   /   2010-04-30 07:24:31
Historically, courts have decided that a manager is not responsible for damages suffered
by a customer that were caused by the intentional actions of a third party, when
the third party was a customer. The courts’ rationale is that the intentional or criminal
act of a third party cannot be foreseen by the manager; therefore, it would be impossible
for the manager to take precautions or preventive measures to keep the act
from happening.
Recently, however, some courts have concluded that if violent acts have previously
occurred at the property, or even if the property is in a “high-crime zone,” an
incident and resulting injury may be considered foreseeable. In these cases the manager
may be held responsible for failure to use reasonable care in managing the
restaurant.
 

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